High dielectric constant (high-K) transistors in conjunction with metal gates, or “MHK transistors”, are undergoing active development in the industry. In an MHK transistor, any extrinsic oxygen that enters the formed high-k gate layer during subsequent processing changes the electrical properties of the MHK transistor. One of the more deleterious impacts of extrinsic oxygen is the lower K interfacial oxide (SiOx) regrowth underneath the high-K layer. It is critical to prevent such dielectric regrowth in order to achieve the desired dielectric thickness and maintain good short channel control. A conventional MHK transistor, such as the one disclosed in U.S. Patent Application Publication No. 2004/033678, uses an I-shaped gate encapsulation layer to protect the high-k gate layer from such dielectric regrowth. While this protects the high-k gate layer, one observed problem with such a transistor is that an I-shaped gate encapsulation layer often leads to the high-k/metal gate layer being exposed, so as to leave it open to attack during subsequent wet etching with the possibility of extrinsic oxygen ingress.
When the metal high-k gate stack is not perfectly vertical but instead has a sloped profile, the I-shaped gate encapsulation layer does not sufficiently protect the metal layer of the gate stack. This leaves the metal gate layer exposed and open to oxygen ingress and attack during subsequent wet etches In particular, the edge of the metal gate layer is exposed so that metal is etched out. As a result of the gate being undercut, the electrical properties of the metal high-k transistor are changed. Further, in many cases the gate is undercut to such an extent that the gate stack lifts off and is then re-deposited elsewhere on the integrated circuit wafer. Thus, the use of an I-shaped gate encapsulation layer to protect the gate stack results in poor yield and a process that is not robust.